Recognition of same-sex unions in Germany
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Since 1 August 2001, Germany has allowed registered partnerships for same-sex couples. The Life Partnership Act (German: Eingetragene Lebenspartnerschaft) was a compromise between proponents of same-sex marriage and supporters of the conservative interpretation of marriage. The act grants a number of rights enjoyed by married, opposite-sex couples.
Volker Beck, a member of the Green Party caucus of the Bundestag, is called "Father of the German Registered Partnership Act".[citation needed]
On 17 July 2002, the Federal Constitutional Court of Germany upheld the act. The Court found, unanimously, that the process leading to the law's enactment was constitutional. The 8-member Court further ruled, with three dissenting votes, that the substance of the law conforms to the constitution, and ruled that these partnerships could be granted equal rights to those given to married couples. (The initial law had deliberately withheld certain privileges, such as joint adoption and pension rights for widow(er)s, in an effort to observe the "special protection" which the constitution provided for marriage and the family. The court determined that the "specialness" of the protection was not in the quantity of protection, but in the obligatory nature of this protection, whereas the protection of registered partnerships was at the Bundestag's discretion.)
On 12 October 2004, the Gesetz zur Überarbeitung des Lebenspartnerschaftsrechts (Life Partnership Law (Revision) Act) was passed by the Bundestag, increasing the rights of registered life partners to include, among other things, the possibility of stepchild adoption and simpler alimony and divorce rules, but excluding the same tax benefits as in a marriage. By October 2004, 5,000 couples had registered their partnerships.[1]
In December 2006, a poll conducted by the Angus-Reid Global Monitor, seeking public attitudes on economic, political, and social issues for member-states of the European Union found that Germany ranked seventh supporting same-sex marriage with 52% popular support, behind the Netherlands (82%), Sweden (71%), Denmark (69%), Belgium (62%), Luxembourg (58%), and Spain (56%); German attitudes on this social issue were above the European Union average of 44%. Germany's neighbor the Czech Republic (52%) also supports support same sex marriage, and while in Austria, a near majority (49%) support it. [2]
Under the current leadership it is difficult to ascertain the future of this issue. However, the Green Party has acknowledged its support of the legalization of same-sex marriage. If legalized, Germany would be the first German-speaking nation and the most populous country to recognize same-sex marriage.
In July 2008, Federal Constitutional Court of Germany ruled that a transsexual woman who transitioned to female after having been married to a woman for more than 50 years could remain married to her wife and change her legal gender to female. It gave the legislature one year to effect the necessary change in the relevant law. (La Presse)
[edit] See also
Recognition o same-sex partners for purposes of immigration
Non-EU citizens who are same-sex partners of EU-citizens are considered on the same standing as spouses for the purposes of immigration rights.
[edit] External links
- Lifetime Partnership Act of Germany
- Decriminalization of Homosexuality and Its Effects on Family Rights: A German-US-American Comparison in the German Law Journal (in English)
- The position of German Christian denominations as regards blessings and marriage ceremonies for same-sex couples (in German)
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